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07

Feb, 2016

Sunday

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  1. Replies
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    Have a chat but keep it amicable, be wary of...

    Have a chat but keep it amicable, be wary of putting anything in writing.

    Once you have complained it is a dispute that you have to declare to a future buyer if you sell.

    From what you've...
  2. Replies
    31
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    840

    You have the title documents, refer to the the...

    You have the title documents, refer to the the one relevant to the property you want the lease for-

    In the box marked nature of document write 'Lease'
    In the box marked date of document refer to...
  3. Replies
    4
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    130

    Personally I would be putting a formal complaint...

    Personally I would be putting a formal complaint into your solicitors, if you told them the s42 notice was a condition of the purchase they should have checked it was valid.

    I don't think you...
  4. Replies
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    What did your solicitors say? Did you instruct...

    What did your solicitors say?

    Did you instruct them to ensure the S42 was valid before exchanging contracts, if you did I would have thought they should be sorting this out for you.
  5. Replies
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    840

    In post 11, you say you have the title register....

    In post 11, you say you have the title register. If this is the freehold title register it should contain all the information you need to complete section 7.
  6. I believe you can & there is a post from someone...

    I believe you can & there is a post from someone who did just that a few posts down from your one, but you don't know if you have anything to dispute at the moment.
  7. Surely when you bought any outstanding GR & SC...

    Surely when you bought any outstanding GR & SC was discovered and remedied before completion by your conveyancer?

    If so you only owe GR & SC from when you took ownership of the lease, and the GR &...
  8. Replies
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    840

    Correct OC2 is the form you need. The fee is...

    Correct OC2 is the form you need. The fee is currently £7. I'm sure it used to be more, around £20 for a lease but that's the current price listed.
  9. Unfortunately it it not quite that...

    Unfortunately it it not quite that straightforward, the 'legal' definition to family is very wide and open to some interpretation. It seems very black & white but in fact is very grey.

    A group of...
  10. Seems fairly straightforward- ...

    Seems fairly straightforward-

    https://www.moneyclaimsuk.co.uk/PDFForms/EX328.pdf
  11. New BTL owners are getting clobbered by the...

    New BTL owners are getting clobbered by the government from April....Job done :)
  12. Replies
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    You could sue the seller for misrepresentation....

    You could sue the seller for misrepresentation. Which would not be particularly easy or cheap to do.

    But as you are now aware of the potential issue as LC advises you need to establish what the...
  13. Replies
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    232

    But they'd have to factor in the FH loss of...

    But they'd have to factor in the FH loss of ground rent at £530pa resulting in a likely premium in excess of £10k in two years time.
  14. Replies
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    232

    Good point, if the lease extension includes...

    Good point, if the lease extension includes ground rent increases at future points in time then it could be a really bad deal for the future owner.

    But if the lease was extended at £0 premium and...
  15. Replies
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    232

    Yes, they will have a statutory legal right to a...

    Yes, they will have a statutory legal right to a 90 year extension at peppercorn rent after owning the lease for 2 years.

    However I would expect them to offer a lower price to reflect the...
  16. Agree with most of above. The fact you are joint...

    Agree with most of above. The fact you are joint freeholders might complicate matters as the erring LH is also a FH.

    As stated the legal definition of family is quite wide and a group of students...
  17. Replies
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    601

    Shouldn't cause any issues when it comes to...

    Shouldn't cause any issues when it comes to extending the lease as your parents have a statutory right to extend.

    But, it might be an issue if they try to sell in future though, the agents could...
  18. Absolutely up to you if you want to pursue this...

    Absolutely up to you if you want to pursue this through the courts.

    But as someone who has been through a FTT hearing which I won and taken to County Court by a leaseholder which was discontinued,...
  19. I would forget it and move on, yes £300 is...

    I would forget it and move on, yes £300 is excessive, £150 seems to be deemed reasonable, is it worth legal action for that amount?
  20. Surely this is the lenders problem now? They are...

    Surely this is the lenders problem now? They are legally bound to sell the flat for the best possible price, Unless you can come to some agreement about the arrears with them, then unfortunately I...
  21. Replies
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    If you haven't already I suggest you read the...

    If you haven't already I suggest you read the advice guide on RTFR on lease-advice.org

    http://www.lease-advice.org/documents/Right_of_First_Refusal1.pdf

    If you weren't offered RTFR then the...
  22. Replies
    4
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    283

    If the previous owner lived in the flat when they...

    If the previous owner lived in the flat when they sold it, then the right to first refusal did not apply, so they did not have to offer the freehold to you.

    There is nothing to stop you...
  23. Replies
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    AndrewDod, I'll PM you the link, don't think I...

    AndrewDod,

    I'll PM you the link, don't think I should post something that will likely identify the OP without their agreement, however the decision is on public record.
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    Shiz441, Having read what I believe to be the...

    Shiz441,

    Having read what I believe to be the decision of the tribunal, the answers to some of the above points are in the decision summary.

    I think you only have two arguments you can use-
    ...
  25. Replies
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    It seems a very strange situation where a FH can...

    It seems a very strange situation where a FH can pursue a LH for outstanding service charges that have been incorrectly demanded so legally not due and still claim their legal costs.

    However as is...
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